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Mental Hospitalization as a Minor and Firearms Ownership

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  • 10-12-2014, 02:58 PM
    sst4556
    Mental Hospitalization as a Minor and Firearms Ownership
    My question involves public health law in the State of: Texas

    I was a minor (17) when my mother had me involuntarily committed to a mental institution, this happened around 1996. Since then I have not had as much as a speeding ticket on my record, however, I am also failing a NICS background with a mental status. Is there any way to have this issue resolved. This is coming from a San Antonio (Bexar Co.) court, and even though I live 4 hours away, I am willing to go back there if I know what to ask for. Any information would be greatly appreciated. Thanks!
  • 10-13-2014, 11:45 AM
    Mr. Knowitall
    Re: Mental Hospitalization as a Minor and Firearms Ownership
    In terms of your state rights, you need to document through a psychiatrist that the mental condition that resulted in your hospitalization and disqualification is not reasonably likely to recur.
    Quote:

    Quoting Texas Government Code, Sec. 411.172(d)(-(f)
    (d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:

    (1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;

    (2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:

    (A) is in remission but is reasonably likely to redevelop at a future time; or

    (B) requires continuous medical treatment to avoid redevelopment;

    (3) has been diagnosed by a licensed physician, determined by a review board or similar authority, or declared by a court to be incompetent to manage the person's own affairs; or

    (4) has entered in a criminal proceeding a plea of not guilty by reason of insanity.

    (e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):

    (1) involuntary psychiatric hospitalization;

    (2) psychiatric hospitalization;

    (3) inpatient or residential substance abuse treatment in the preceding five-year period;

    (4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or

    (5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:

    (A) schizophrenia or delusional disorder;

    (B) bipolar disorder;

    (C) chronic dementia, whether caused by illness, brain defect, or brain injury;

    (D) dissociative identity disorder;

    (E) intermittent explosive disorder; or

    (F) antisocial personality disorder.

    (f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.

    For federal restrictions, federal prohibitions on firearms due to mental illness normally flow from the state determination, such that (as long as the state's procedures comport to the NICS Improvements Amendments Act of 2007) if the state determination is lifted the federal restriction is also lifted. The most common exception is when there's a felony conviction associated with the person's conduct while mentally ill, such that the state's lifting of the prohibition based on mental illness does not affect the federal prohibition that flows from the felony conviction.
  • 11-13-2014, 07:43 PM
    crakkerjak
    Re: Mental Hospitalization as a Minor and Firearms Ownership
    What news? Have you made any progress with getting the required certificate? Have you found out where it must be sent?
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